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Based on interviews, record review and observation, the facility staff failed to obtain timely medical attention for R1. The licensee's failure to seek timely care caused the resident to suffer serious bodily injury which required hospitalization and surgery.
At the time of the complaint visit, an immediate civil penalty of $500 was issued and the licensee was informed that an additional civil penalty was still being determined and might be assessed based on Health and Safety Code § 1569.49.
The Department has concluded an analysis and has determined that a civil penalty is warranted for serious bodily injury. Per Welfare and Institutions Code § 15610.67 defines serious bodily injury as “an injury involving extreme physical pain, substantial risk of death, or protracted loss or impairment of a function of a bodily member, organ, or of mental faculty, or requiring medical intervention, including but not limited to, hospitalization, surgery, or physical rehabilitation.”
Today, December 17, 2020 the Department will be issuing a civil penalty per Health and Safety Code § 1569.49 for a violation that the Department constitutes as serious bodily injury in the amount of $10.000. However, since an immediate civil penalty of $500 was previously issued on February 8, 2018 the amount of the civil penalty issued today will be $9,500.
Appeal Rights, a copy of this report, and LIC 421D provided. |